Hancock v. Borough of Wyoming
Supreme Court of Pennsylvania
Appeal, No. 371, Jan. T., 1892, by defendant, from decree of C. P. Luzerne Co., Dec. T, 1890, No. 4, in equity, enjoining defendant at the suit of William Hancock and others. Bill for an injunction to prevent defendant from removing the buildings and fences of plaintiffs.
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Appeal, No. 371, Jan. T., 1892, by defendant, from decree of C. P. Luzerne Co., Dec. T, 1890, No. 4, in equity, enjoining defendant at the suit of William Hancock and others. Bill for an injunction to prevent defendant from removing the buildings and fences of plaintiffs. The case was referred to a master, Henry M. Hoyt, who reported, in part, as follows : “ The plaintiffs in this case are, severally, the owners of real estate fronting on Wyoming avenue in the borough of Wyoming, Luzerne county. The purpose of the bill is to restrain the defendant, the borough of Wyoming, from destroying or…
1Opinion of the Court
Per Curiam,
This bill was filed to restrain the borough of Wyoming from removing buildings, fences and improvements, which the complainants allege are upon their private property, and not in the public highway. We have a clear and able report from the learned master, from which it appears that Wyoming avenue has been opened of its full width, and used as a public highway beyond' the memory of any living man. It has probably been so used for, at least, a hundred years. He further finds the fact that the alleged obstructions are not within the lines of the highway as it exists upon the ground.…
2Cases cited1 opinion
- Commonwealth v. DickenWestmoreland County Court of Quarter Sessions · 1891
3Cited by4 opinions
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- Curless v. StateIndiana Supreme Court · 1909
- Hunter v. BowmanCommonwealth Court of Pennsylvania · 1993
- Eyer v. Forks Township, Pennsylvania Court of Common Pleas, Northampton County1925